Podcast Location:
Download it here [file size: 48.1 MB]
Categories:
Property Litigation
CPD Points:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at property law practitioners. It aims to discuss how boundary disputes are traditionally settled including what evidence will be admissible and describes some of the steps that practitioners can take in order to improve their client’s position.

Outcomes:
After completing the course you will:
  • Have an understanding of why property boundary disputes are often the subject of litigation and the factors that should be considered by practitioners when bringing or defending boundary dispute proceedings;
  • Know how boundary lines will be determined by the court;
  • Be aware of the relevance of plans and extrinsic evidence when determining a property boundary;
  • Understand the role of boundary agreements in a dispute;
  • Understand the role of estoppel in boundary disputes.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Law of Property (Miscellaneous Provisions) Act 1989;
  • The Land Registration Act 2002;
  • The Land Transfer Act 1875;
  • Asher v. Whitlock (1865) L.R 1 QB 1;
  • Buckingham CC v. Moran (1989) 2 AER 225 CA;
  • Burns v. Morton (2000) 1 WLR 347;
  • Cameron v Boggiano (2012) EWCA Civ 157;
  • Chadwick v Abbotswood (2004) EWHC 1058 (Ch);
  • Clarke v. O’Keefe (2000) 80 P&CR 126;
  • Dixon and another v Hodgson and others [2011] EWCA Civ 1612;
  • Hopgood v. Brown (1955) 1 WLR 213;
  • Horn v, Phillips (2004) EWCA Civ 1877;
  • J.A Pye (Oxford) Ltd v. Graham (2000) 3 WLR 221;
  • Joyce v. Rigolli (2004) EWCA Civ 79 CA;
  • Neilson v. Poole (1969) 20 P.&C.R. 909;
  • Rimmer v. Pearson, 18th November 1999, CA (transcript) at page 16;
  • Scarfe v. Adams (1981) 1 AER 843 CA;
  • Tennant v. Adamczyk (2005) EWCA Civ 1239;
  • Wibberley v. Insley (1999) 1 WLR 894 HL;
  • Wood v. Hudson Industrial Limited (2012) EWCA 595;
  • Yeates v. Line & Field (2012) EWHC 3085.
Tags:

This podcast with real and leasehold property specialist, Clifford Darton from Ely Place Chambers discusses how boundary disputes have been settled in recent cases and some of the steps that practitioners can take to improve their client’s position in such a dispute.

Date Recorded: 23rd May 2013

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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